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Vacancy in the Office of the President

There is a vacancy in the office of the President in Kenya if the holder of the office-

  • dies;
  • resigns, in writing, addressed to the Speaker of the National Assembly; or
  • otherwise ceases to hold office under Article 144 or 145 or under any other provision of the Constitution.

When a vacancy occurs in the office of President in Kenya the Deputy President should assume office as President for the remainder of the term of the President;

If the office of Deputy President is vacant, or the Deputy President is unable to assume the office of President, the Speaker of the National Assembly should act as President. An election to the office of President should be held within sixty days after the vacancy arose in the office of President.

If the Deputy President assumes the office of the President, or a person is elected to the office of President, either shall unless otherwise removed from office under the Constitution, hold office until a newly elected President is sworn in following the next regularly scheduled presidential election.

If the Deputy President assumes office as President, or a person is elected to the office of President, the Deputy President, or the person elected, shall be deemed for the purposes of Article 142 (2)–

  • to have served a full term as President if, at the date on which the person assumed office, more than two and a half years remain before the date of the next regularly scheduled presidential election; or
  • not to have served a term of office as President, in any other case.

A President in Kenya can only serve for two consecutive terms of five years each.

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